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No amount of money can undo the unexpected death of a loved one. Family and friends are left devastated and at a loss for words. Typically, the last thing they want to do is think about a lawsuit immediately following the tragic event.
Unfortunately, the legal system is set up in such a way that the best time to contact an attorney is immediately after the death. Our wrongful death lawyers understand the devastation and emotional pain that a family is going through during this time and try to make that process as simple as possible.
It costs absolutely nothing to see if you have a case
“Wrongful Death” is a phrase used in civil cases for death caused by another’s negligence. A wrongful death claim can be filed to punish the wrongdoer and seek compensation for the family. While it often does not feel like enough, the law was created for the purpose of holding the wrongdoer accountable for the destruction of human life.
In many circumstances, the wrongful death attorneys at TopDog Law will decide to file two claims if permitted by your state’s laws.
The first claim is a wrongful death claim which compensates the family (spouse, children, parents) for the loss of a loved one. Damages in a wrongful death suit include medical expenses, lost wages, future expenses, loss of companionship, and punitive damages. Punitive damages are meant to punish the wrongdoer and deter this sort of negligent conduct from ever occurring again.
The second claim is a survival claim where the decedent’s estate can bring an action against the wrongdoer responsible for the death. Damages in a survival action include the pain and suffering suffered by the decedent before death and the lost wages he or she would have earned.
Generally, the statute of limitations for wrongful death is two years. It is essential, however, for a lawyer to identify and distinguish a wrongful death claim from a survival action.
In addition to both of these remedies having different damages, they also differ slightly when it comes to the statute of limitations. The two-year window for a wrongful death lawsuit starts from the date of death, whereas the two-year window for a survival action starts from the date the accident occurred.
Every state has its own statutes regarding who is legally entitled to file a wrongful death action, and many involve a hierarchy that determines who might do so if a closer relative cannot.
In some states, wrongful death lawsuits must be pursued by a representative of the deceased person’s estate. However, in general, the surviving spouse or immediate family members of a deceased person are those who will be able to receive financial compensation from a wrongful death settlement. These can include:
Parents
Children
Spouses
Siblings
Other relatives
Domestic partners
Consult the wrongful death lawyers at TopDog Law to learn more about the laws in your area that may affect your family’s wrongful death case. We understand how important your claim is to the future and well-being of the surviving family and how important it is that you get credible information and the opportunity to discuss your legal options with someone who understands the gravity of the situation.
If you have any questions regarding the death of a loved one, please do
not hesitate to contact us or CALL 844-576-2116
When a loved one is lost due to an act of negligence, it is a deeply painful and emotionally challenging time. In the midst of this grief, families are often left to deal with complex legal issues and insurance disputes, adding to their burden. This is where an experienced wrongful death attorney can be of immense help.
At TopDog Law, our wrongful death lawyers are experienced in these types of personal injury claims and prepared to provide invaluable assistance in several key areas:
A lawyer can conduct a thorough investigation into the accident, working with accident reconstruction experts, reviewing police reports, interviewing witnesses, and gathering the necessary evidence to establish the negligent party and their involvement.
A wrongful death claim can include a variety of damages, such as medical bills, funeral, and burial expenses, loss of future income, and pain and suffering. An attorney can help accurately calculate these damages to ensure you're seeking the full compensation to which you may be entitled.
Insurance companies often try to minimize payouts, even in tragic circumstances such as wrongful death. Your lawyer can negotiate with the insurance company on your behalf, pushing for a fair settlement that appropriately addresses your losses.
If a fair settlement cannot be reached, your lawyer can prepare and take your case to court. They will advocate for your rights, presenting a compelling case to the judge or jury. Our legal team has the resources to take on even the most challenging of cases and will help make the litigation process as smooth as possible while never backing down.
Perhaps most importantly, a wrongful death lawyer can provide much-needed support and guidance during this difficult time. We recognize the financial and emotional import of holding the responsible party accountable and bringing your claim to a positive resolution. Your attorney will handle the legal complexities, allowing you to focus on grieving and healing.
At TopDog Law, our team is dedicated to helping families navigate the aftermath of tragic accidents. We believe in holding negligent parties accountable and pursuing the justice that your loved one and your family deserve. Our compassionate attorneys are here to assist you every step of the way, ensuring your rights are protected and your legal interests are aggressively represented.
The short answer is nothing. Our wrongful death attorneys work on a contingency basis meaning they do not get paid unless you get paid. We
also cover all the up-front costs for expenses like experts who we will use to testify on your behalf. Therefore, we have every incentive to ensure that we win and get you the most compensation possible for your injury. CALL 844-576-2116 and tell us your story today.
TopDog Law Personal Injury Lawyers has easy-to-access offices across the country. We also pride ourselves in being a text message away. Our lawyers routinely travel to meet clients in their home or close to their home. Do not hesitate to reach out if you are unable to travel to one of our locations.
A wrongful death lawsuit works much like any other personal injury lawsuit. The process generally involves an initial complaint, a discovery and investigation process, and negotiation toward a settlement. If the insurance company is unwilling to offer a fair settlement, your personal injury lawyer might advise you to take further legal action and will bring the case to trial, if necessary.
Damages in a wrongful death claim will depend on several factors, including the deceased person's earning potential and benefits, the support they provided while living, and other expenses related to the death. In addition, compensation for these claims typically includes funeral expenses and burial costs, medical bills related to the death, and other end-of-life expenses.
The compassionate lawyers at our law firm understand that pursuing justice after a negligent act involves much more than just financial compensation, and we're here to ensure that your pain and suffering, loss of companionship, and other non-economic damages are also compensated to the fullest extent possible.
Yes, it's still possible to pursue a wrongful death suit even if the deceased was determined to be partially responsible for their death. However, the specifics of this will vary based on the state. For example, if the death resulted from a car accident, laws applicable to your state's liability statutes will also apply to a wrongful death claim.
In some states, comparative negligence or modified comparative negligence rules may limit your ability to seek compensation on behalf of a loved one if their liability in the accident exceeds a certain percentage. However, working with an experienced personal injury attorney can greatly increase the likelihood that you'll still be able to recover compensation. Speak to a knowledgeable lawyer to find out how your particular circumstances might affect your case.
Generally, a wrongful death lawsuit does not result in the defendant facing criminal penalties, such as jail time. Since wrongful death actions are civil lawsuits, whether the defendant is charged with criminal acts does not have a bearing on your being able to pursue compensation for the family member's death. It is possible that a criminal conviction and a civil lawsuit happen concurrently, such as in the event of a fatal accident involving gross negligence, like vehicular manslaughter. However, these actions will take place in separate courts.
The loss of a loved one will likely leave you with more questions than answers. Our attorneys are ready and waiting to help you answer them and get you started on the path to seeking justice.
TopDog Law is a national marketing network that collaborates with James Helm, Helm Law Group, LLC, and other experienced local attorneys across the country, licensed in the states where they practice, combining our extensive resources and knowledge with their deep understanding of state-specific laws and regulations.
Helm Law Group, LLC maintains at least joint responsibility for each client file, and most cases are referred to TopDog Law’s network of attorneys across the country for principal responsibility. This strategic partnership allows us to provide you with the best of both worlds: the power and reach of a nationwide network of law firms, coupled with the personalized attention and local know-how of attorneys in your community.
With TopDog Law’s network of local attorneys on your side, you can rest assured that you have a tenacious, experienced team fighting tirelessly to secure the maximum compensation you deserve, regardless of your location.
TopDog Law is a national marketing network for law firms, including Helm Law Group, LLC, which license the TopDog Law name and separately operate in states where they are each licensed. James Helm is licensed to practice in Arizona and Pennsylvania. Helm Law Group, LLC operates in Arizona.
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